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AlixPartners, LLP v. Fund for Protection of Investors’ Rights in Foreign States

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
21-518 2nd Cir. TBD TBD TBD TBD OT 2021

Issue: Whether an ad hoc arbitration to resolve a commercial dispute between two parties is a “foreign or international tribunal” under 28 U.S.C. § 1782(a) when the arbitral panel does not exercise any governmental or quasi-governmental authority.

DateProceedings and Orders (key to color coding)
Oct 05 2021Petition for a writ of certiorari filed. (Response due November 8, 2021)
Nov 05 2021Motion for leave to file amicus brief filed by International Institute for Conflict Prevention & Resolution, Inc.
Nov 08 2021Waiver of the 14-day waiting period under 15.5 filed.
Nov 08 2021Brief of respondent The Fund for Protection of Investors' Rights in Foreign States in opposition filed.
Nov 15 2021Reply of petitioners AlixPartners, LLP, et al. filed. (Distributed)
Nov 16 2021DISTRIBUTED for Conference of 12/3/2021.
Dec 06 2021DISTRIBUTED for Conference of 12/10/2021.
Dec 10 2021Motion for leave to file amicus brief filed by International Institute for Conflict Prevention & Resolution, Inc. GRANTED.
Dec 10 2021Petition GRANTED. The petition for a writ of certiorari before judgment in No. 21-401 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Dec 10 2021Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-401. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-401. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jan 26 2022Record requested from the U.S.C.A. 2nd Circuit.
Jan 27 2022The record received from the U.S.C.A. 2nd Circuit has been electronically filed.
Jan 28 2022ARGUMENT SET FOR Wednesday, March 23, 2022. VIDED.
Feb 11 2022CIRCULATED
Mar 23 2022Argued. For petitioners in 21-401: Roman Martinez, Washington, D. C. For petitioners in 21-518: Joseph T. Baio, New York, N. Y. For United States, as amicus curiae, supporting petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent in 21-401: Andrew R. Davies, New York, N. Y. For respondent in 21-518: Alexander A. Yanos, New York, N. Y. VIDED.